LRB-2296/1
JTK&PJH:cjs:md
2011 - 2012 LEGISLATURE
July 11, 2011 - Introduced by
Committee on Senate Organization. Referred to
Committee on Judiciary, Utilities, Commerce, and Government Operations.
SB150,1,10
1An Act to renumber and amend 59.10 (3) (c);
to amend 5.15 (1) (a) 1. and 2.,
25.15 (1) (b), 5.15 (1) (c), 5.15 (2) (bm), 5.15 (2) (e) and (f) (intro.), 5.15 (2) (f) 4.,
35.15 (2) (g), 5.15 (4), 5.15 (6) (a), 5.15 (7), 5.18, 59.10 (2) (a), 59.10 (2) (d), 59.10
4(3) (b) 1., 59.10 (3) (b) 2., 59.10 (3) (b) 4., 59.10 (3) (cm) 1., 59.10 (6), 62.08 (1),
562.08 (2), 62.08 (4m), 62.08 (5) and 119.08 (1) (b); and
to create 5.15 (2) (b)
6(intro.), 59.10 (3) (b) 3., 59.10 (3) (c) 2. and 3., 751.035 and 801.50 (4m) of the
7statutes;
relating to: division of municipalities into wards and redistricting of
8supervisory and aldermanic districts and appointing a panel to hear challenges
9to the apportionment of a congressional or legislative district, and hearing
10certain appeals.
Analysis by the Legislative Reference Bureau
Adjustment of municipal wards to accommodate redistricting plans
The bill requires municipal ward plans, and the aldermanic and supervisory
districts upon which they are based, to reflect municipal boundaries on April 1 of the
year of each federal decennial census. Currently, ward plans must reflect municipal
boundaries on August 1 of the year following the year of the federal decennial census.
The change applies retroactively to ward plans and aldermanic and supervisory
districts created in response to the 2010 federal decennial census.
The bill also amends the laws governing municipal ward division to ensure that
if municipal wards do not accommodate a congressional or legislative redistricting
act on its date of enactment, the affected municipalities must change their wards so
that their ward divisions enable the election of members of congress and members
of the legislature under the redistricting act. Currently, the laws only partially
accommodate this process.
Local ward division and redistricting timeline
Currently, within 60 days after the decennial population count, by block,
becomes available from the U.S. Bureau of the Census, but no later than July 1 of
each year following the year of the census, each county board of supervisors must
submit to each municipality having territory in the county a tentative supervisory
district plan or a description of boundary requirements for such a plan. Within 60
days after the receipt of this information from the county board of each county in
which a municipality is located, each municipality having a population of 1,000 or
more must adopt or readjust wards in accordance with statutory population
parameters. In enacting or adopting its plan, a municipality must make a good faith
effort to reflect the county's requirements in enacting a supervisory district plan.
Within 60 days after every municipality having territory within a county enacts or
adopts a ward division plan, the county must enact a final supervisory district plan
combining contiguous whole wards to form supervisory districts.
This bill shortens the maximum time specified for action at each of the above
stages of the redistricting process to 45 days, effective beginning with ward divisions
and redistricting in response to the 2020 federal decennial census.
Municipal ward plan revisions
Currently, under the state constitution, the legislature is directed to redistrict
legislative districts according to the number of inhabitants at its next session
following each federal census. At the same intervals, the legislature also
reapportions congressional districts in this state pursuant to federal law. Under
current state law, following each decennial federal census, most municipalities are
also required to divide their territory into wards, and counties and cities are required
to redistrict supervisory and aldermanic districts so that the districts contain, as
nearly as practicable, an equal number of inhabitants according to the census
results. With limited exceptions, wards are required to consist of one or more whole,
contiguous census blocks (the smallest geographic units for which census results are
available). Counties and municipalities are required to complete this action in three
steps, which in no case may conclude later than 180 days after publication of the
census results. (Usually, the process begins in April and ends in October of the year
following the year of the census.) If counties or municipalities fail to adopt division
plans, the courts may do so upon petition by interested parties. Revised county and
municipal district plans are used to elect members of county boards of supervisors
and common councils in the spring of the second year following the year of the census.
The legislative and congressional redistricting plans are used to elect members of the
legislature and members of congress in the fall of the second year following the year
of the census. The legislature may subdivide or adjust the boundaries of a municipal
ward and use the revised ward boundaries to create a legislative or congressional
district.
This bill amends various laws to facilitate the legislative and congressional
redistricting process and directs counties and municipalities to revise their ward and
districting plans to reflect any legislative act establishing a legislative or
congressional district boundary that does not coincide with a ward or municipal
boundary.
The bill also provides that when a municipality is consolidated with another
municipality, the governing body of the consolidated municipality must revise its
municipal ward plan to the extent required to effect the change. Currently, the
statutes do not address this issue.
County supervisory district plans
Currently, within 60 days after publication of the federal decennial census, each
county must adopt a tentative county supervisory district plan. Each municipality
must adopt a ward division plan, if it is required to do so, within 60 days after the
county or counties in which the municipality is located adopt a tentative county
supervisory district plan, and each county then must adopt a final supervisory
district plan within 60 days after every municipality in the county adopts a ward
division plan, if it is required to do so. Currently, the tentative plan must include
suggested boundaries or information concerning the number of supervisors to be
elected and a description of boundary requirements.
This bill provides that a final county supervisory district plan must not be
inconsistent with the tentative plan except to accommodate authorized municipal
ward divisions or to reflect an official correction to the census. The bill also applies
to amended supervisory district plans in counties other than Milwaukee and
Menominee the same standards with respect to contiguity, compactness, numbering,
and applicability that apply to amended plans in Milwaukee County. In addition, the
bill applies to tentative district plans in Milwaukee County the same standards with
respect to contiguity that apply to final district plans in that county.
Incorporation of census corrections
Currently, decennial ward division plans, as well as decennial county
supervisory and city aldermanic district plans, are based on the federal decennial
census. The statutes do not treat the issue of corrections that the U.S. Bureau of the
Census issues. This bill provides that the ward plans and aldermanic district plans
shall reflect the census results, including any corrections, for the populations of
counties, municipalities, and census blocks on April 1 of the year of the census, if
corrections are issued prior to adoption of a decennial ward plan, or if a municipality
that is affected by a correction is not divided into wards, prior to adoption of a county
supervisory district plan.
Amended aldermanic district plans
The bill makes an amended aldermanic district plan that may be adopted in
certain cities in response to an intradecade county supervisory district plan subject
to the same passage and notice requirements, and district composition
requirements, that apply currently to original decennial aldermanic district plans.
Under current law, absent members are not included in determining passage
requirements and there are no notice and district composition requirements for
these amended plans.
Challenges to apportionment of congressional and legislative districts;
hearing of appeals
This bill requires the supreme court to assign a three-judge panel to hear any
matter that seeks to challenge the apportionment of a congressional or legislative
district. Under the bill, the supreme court must choose a judge from each of three
circuits and designate one circuit as having venue for purposes of hearings and filing
documents.
Under the bill, no party may seek to substitute any of the assigned judges and
any appeal of the panel's decisions are to be heard directly by the supreme court.
Minor and technical changes
The bill also makes other minor technical changes in the law to facilitate the
ward division and county and municipal redistricting process.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB150, s. 1
1Section
1. 5.15 (1) (a) 1. and 2. of the statutes are amended to read:
SB150,4,92
5.15
(1) (a) 1. Every city, village, and town in this state shall by
ordinance or
3resolution of its common council or village or town board, respectively, be divided into
4wards as provided in this section, except as authorized in sub. (2). The boundaries
5of the wards established under this section, and the number assigned to each ward,
6are intended to be as permanent as possible, and to this end each ward shall when
7created contain a population at a convenient point within the applicable population
8range under sub. (2) (b), with due consideration for the known trends of population
9increase or decrease within that part of the municipality in which the ward is located.
SB150,5,8
12. Once established, the boundaries of each ward shall remain unchanged until
2a further decennial federal census of population indicates that the population of a
3ward is then above or below the applicable population range
, or until the ward
4boundaries are required to be changed to permit creation of supervisory or
5aldermanic districts of substantially equal population or to enhance the
6participation of members of a racial or language minority group in the political
7process and their ability to elect representatives of their choice
, or until otherwise
8authorized or required under this section.
SB150, s. 2
9Section
2. 5.15 (1) (b) of the statutes is amended to read:
SB150,5,2410
5.15
(1) (b) Except as authorized in sub. (2) (a), within
60 45 days after the
11receipt of a tentative supervisory district plan and written statement, if any, from the
12county board of each county in which a municipality is located, the governing body
13of the municipality shall adjust its wards according to the schedule shown in sub. (2).
14All territory contained within the municipality, and only the territory so contained,
15on
August 1 following April 1 of the year of the federal decennial census shall be
16contained within a ward
established under the division ordinance or resolution.
17Except as authorized in sub. (2), each ward shall consist of whole blocks
, as utilized
18by the U.S. bureau of the census in the most recent federal decennial census. To suit
19the convenience of the voters residing therein each ward shall, as far as practicable,
20be kept compact and observe the community of interest of existing neighborhoods
21and other settlements. All territory within a ward shall be contiguous, except for
22island territory as defined in sub. (2) (f) 3. Enactment or adoption of a division
23ordinance or resolution requires the affirmative vote of a majority of the members
24of the governing body.
SB150, s. 3
25Section
3. 5.15 (1) (c) of the statutes is amended to read:
SB150,6,16
15.15
(1) (c) The wards established by municipal governing bodies
in a division
2ordinance or resolution enacted or adopted under this section
on the basis of the
3published results of each federal decennial census of population shall govern the
4adjustment of supervisory districts under s. 59.10 (2) (a) and (3) (b) and of aldermanic
5districts under s. 62.08 (1) for the purpose of local elections beginning on January 1
6of the 2nd year commencing after the year of the census until revised under this
7section on the basis of the results of the next decennial census of population unless
8adjusted under sub. (2) (f) 4., (6) (a) or (7), or unless
adjusted, as a matter of statewide
9concern, in the enactment of a division is required to effect an act of the legislature
10redistricting legislative districts under article IV, section 3, of the constitution
on the
11basis of the most recent decennial census of population or redistricting congressional
12districts. The populations of wards under each decennial ward division shall be
13determined on the basis of the federal decennial census and any official corrections
14to the census issued on or before the date of adoption of the division ordinance or
15resolution to reflect the correct populations of the municipality and the blocks within
16the municipality on April 1 of the year of the census.
SB150, s. 4
17Section
4. 5.15 (2) (b) (intro.) of the statutes is created to read:
SB150,6,2118
5.15
(2) (b) (intro.) Except for wards created to effect an act of the legislature
19redistricting legislative districts under article IV, section 3, of the constitution or
20redistricting congressional districts and except as authorized under pars. (bm), (c),
21(e), and (f) and sub. (7), wards shall contain the following numbers of inhabitants:
SB150, s. 5
22Section
5. 5.15 (2) (bm) of the statutes is amended to read:
SB150,7,323
5.15
(2) (bm) Every city electing the members of its common council from
24aldermanic districts shall assemble the blocks wholly or partially contained within
25the city into wards that will enable the creation of aldermanic districts that are
1substantially equal in population.
If a block is partly contained within the city, the
2city shall divide the block to form a ward containing the portion of the block that lies
3within the city.
SB150, s. 6
4Section
6. 5.15 (2) (e) and (f) (intro.) of the statutes are amended to read:
SB150,7,95
5.15
(2) (e)
Notwithstanding par. (b), if If territory is detached from a city,
6village or town after
adoption of a decennial ward plan April 1 of the year of the
7federal decennial census, and the remaining portion of the ward to which it was
8attached falls below the prescribed minimum population for the applicable range,
9the remaining portion of the population may be constituted a ward by itself.
SB150,7,1310
(f) (intro.)
Notwithstanding par. (b), any Any city, village or town may establish
11a ward below the prescribed minimum population for the applicable range whenever
12the proposed ward is established under par. (a), (d) or (e) or whenever the proposed
13ward contains solely:
SB150, s. 7
14Section
7. 5.15 (2) (f) 4. of the statutes is amended to read:
SB150,7,1715
5.15
(2) (f) 4. New territory which becomes a part of a city, village or town after
16the adoption of a decennial ward plan April 1 of the year of the federal decennial
17census.
SB150, s. 8
18Section
8. 5.15 (2) (g) of the statutes is amended to read:
SB150,7,2219
5.15
(2) (g) If a block is affected by an annexation or detachment which
20establishes a municipal boundary that subdivides the block, the municipalities in
21which the block is contained shall incorporate only the portion of the block contained
22within their boundaries in their
ward plans division ordinances or resolutions.
SB150, s. 9
23Section
9. 5.15 (4) of the statutes is amended to read:
SB150,8,1424
5.15
(4) (a) The division ordinance or resolution shall number all wards in the
25municipality
in with unique whole numbers in consecutive order, beginning with the
1number one, shall designate the polling place for each ward, and shall describe the
2boundaries of each ward consistent with the conventions set forth in s. 4.003. The
3ordinance or resolution shall be accompanied by a list of the block numbers used by
4the U.S. bureau of the census that are wholly or partly contained within each ward,
5with any block numbers partly contained within a ward identified, and a map of the
6municipality which illustrates the revised ward boundaries.
If the legislature, in an
7act redistricting legislative districts under article IV, section 3, of the constitution,
8or in redistricting congressional districts, establishes a district boundary within a
9municipality that does not coincide with the boundary of a ward established under
10the ordinance or resolution of the municipality, the municipal governing body shall,
11no later than May 15 of the 2nd year following the year of the federal decennial
12census on which the act is based, amend the ordinance or resolution to the extent
13required to effect the act. The amended ordinance or resolution shall designate the
14polling place for any ward that is created to effect the legislative act.
SB150,8,2215
(b) Within 5 days after adoption or enactment of an ordinance or resolution
16under this section
or any amendment thereto, the municipal clerk shall transmit one
17copy of the ordinance or resolution
or the amendment to the county clerk of each
18county in which the municipality is contained, accompanied by the list and map
19specified in par. (a). If the population of the municipality exceeds 10,000, the
20municipal clerk shall furnish one copy to the legislative reference bureau at the same
21time. Each copy shall identify the name of the municipality and the county or
22counties in which it is located.